What is the Alien Enemies Act, a 1798?

Why in News ?Trump had earlier stated that he intends to invoke the Alien Enemies Act, a 1798 law that grants the president the power to deport non-citizens from countries with which the US is at war.

The broad authority granted by the Alien Enemies Act could bypass restrictions on military involvement in civilian law enforcement. He had also mentioned deploying the National Guard, whose members can be activated by a governor’s orders.

According to the US Department of Homeland Security, the number of undocumented migrants in the country is 11 million.

About The Alien Enemies Act of 1798 :

The Alien Enemies Act of 1798 was one of four laws passed under the Alien and Sedition Acts by the U.S. Congress during the administration of President John Adams. These acts were passed in response to fears of foreign influence and internal dissent during a time of tensions between the United States and France.

Key Features of the Alien Enemies Act:

1. Purpose:
   • The act allowed the U.S. government to detain or deport non-citizens from enemy nations during times of war if they were deemed a threat to national security.
2. Applicability:
   • It applied exclusively during a declared war between the U.S. and another country.
   • Citizens or subjects of the enemy nation residing in the U.S. could be detained, restrained, or removed if considered dangerous.
3. Permanence:
   • Unlike other laws in the Alien and Sedition Acts package, which had expiration dates, the Alien Enemies Act remains in effect and is codified in U.S. law as 50 U.S. Code § 21-24.
4. No Need for Trial:
   • The act gave the President wide discretion to act against enemy aliens without requiring a trial or evidence of wrongdoing.
5. Modern Relevance:
   • It has been invoked during various conflicts, including World War II, when it was used to justify the internment of Japanese, German, and Italian nationals living in the U.S.

Context and Historical Criticism:

1. Political Motivation:
   • The law was part of a broader Federalist effort to suppress dissent, particularly from Democratic-Republicans, who were sympathetic to France during the Quasi-War.
2. Controversy:
   • Critics argued it gave the executive branch too much power and violated civil liberties.
   • It was seen as targeting immigrants who were perceived as more likely to support the opposition party.
3. Legacy:
   • The Alien Enemies Act remains an example of how fears of foreign influence can lead to restrictive legislation.
   • It has been criticized as a tool that enables potential abuse of power in the name of national security.

Examples of Use:

• World War II Internment: Under the Alien Enemies Act, Japanese, German, and Italian nationals were interned in camps across the U.S., even though many posed no threat. This was part of broader wartime policies that have since been condemned as discriminatory.